veterans disability law firm Disability Litigation
Lawyers can assist a veteran file an initial disability claim or challenge the VA decision regarding the claim. In the present,
Lawyers lawyers aren't allowed to charge for the initial claims.
Monk claims that the VA denied his claims for benefits due to PTSD and an unfavorable discharge. The VA has a lengthy appeals procedure to rectify any erroneous determinations.
What is a VA Disability Claim (VAD)?
A VA disability claim is a form of application for tax-free monthly benefits. Compensation is an income-based benefit that can be used to pay for medical treatment or housing assistance. Dependency and Indemnity Compensation provides a monetary payment to parents, spouses, and children of Service members who have died on active duty or because of service-related injuries.
Tinnitus is among the top most frequently reported disorder. This is a symptom that occurs when you hear a ringing, hissing buzzing or other sounds from one or both ears. The sound is only heard by you, and not to others who also suffer from it.
Sciatica is one of the more common conditions to be able to treat. Sciatica can occur due to a herniated disc, or bone spur compresses your sciatic nerve. This nerve runs from your lower spine to your buttocks, hips, and down your legs. The numbness and pain can be felt in the buttocks and lower legs as well as the feet. It can be quite severe.
The third most straightforward condition to be eligible for is Post Traumatic Stress Disorder (PTSD). There are times when you experience frequent nightmares, extreme anxiety or depression, or uncontrollable thoughts about an incident that happened during your military service. You can earn the PTSD rating that you merit by making a solid claim and citing an event that took place during your time of service. A traumatic brain injury is the most simple condition to qualify for and usually accompanies an PTSD diagnosis.
How do I apply for a VA Disability Claim?
There are a number of steps that must be taken to file a claim. First, you must submit medical evidence such as the opinion of a doctor or lab report, as well as X-rays to prove that your condition meets the VA's definition of disability. It's usually beneficial to have your lawyer collect the medical evidence as part of your initial application to ensure that it is more easily processed by the VA.
The next step is to take an Compensation and Pension (C&P) test. A federal VA rater will perform this exam. They will examine your physical and psychological symptoms in order to determine if you are eligible for disability benefits. You must have all the necessary documentation to maximize your chances of obtaining benefits.
After the C&P examiner has assessed your medical evidence and completed the exam you will be issued an official decision letter. The letter will include an introduction, the decision of your disability and the amount of disability, a listing and a the description of all medical evidence that was reviewed and the reasons behind their decision.
If your claim is rejected or you are awarded an amount that does not cover all of the ailments you are suffering from, our company can help with the appeals process. We can help you appeal a denial of your claim by preparing a comprehensive appeal.
How do I challenge a VA decision?
VA provides three options to claimants who disagree with a decision. The first is a Higher-Level Review where a senior reviewer will examine the same evidence and determine if the initial decision is based on difference of opinion or an error that was made. This is a possibility for applicants who don't have new evidence to present. It can be completed within 125 days.
You can also submit an Supplemental Claim. This is an appeal where an individual with a disability can submit new evidence, but it needs to be relevant and new. It can also include nonmedical evidence, such as lay statements. These are statements that are sworn from people who are aware of how your disability affects. This type of appeal must be filed within one year following a decision.
Thirdly, you can file a formal complaint with the Board of Veterans Appeals. This involves filing a Notification of Disagreement using VA Form 21-0958. The regional office will draft an SOC (Statement of the Case) after the appeal has been filed. This will comprise a list evidence that was taken into consideration, the regulations and laws used to make the decision, and the reasons for
lawyers why the decision was favourable, unfavorable or indeterminate.
The last option is to appeal to a federal court if the decision of the BVA is confirmed. This is the most difficult option and may be costly, however it could be the only way to get a fair result for your client.
What is the average amount a lawyer can charge for an appeal?
A good veteran disability attorney will help you understand the appeals process. He or she will quickly identify what is lacking from your claim, making it eligible to be reviewed and help you determine the best way to appeal a decision. The job includes examining the reasons behind denial, assisting you in preparing medical evidence to back your case, and presenting the evidence in a correct manner.
If a court orders a disabled veteran to pay court-ordered alimony or child support, that veteran isn't allowed to ignore the order and continue to receive VA compensation benefits. This is a widely-recognized law and there are penalties in the event of a violation of the court order.
A recent settlement in a class-action lawsuit could be a significant victory for veterans suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for thousands of veterans who had previously been denied disability benefits.
Jim the veteran, who is 58 years old, suffered an stroke that made him permanently disabled. He is a pensioner from the VA but also SSI and Medicaid payments. Jim is interested in knowing whether his $100,000 settlement will affect his eligibility to receive these benefits. Jim realizes that he needs to show that he has financial need to continue receiving the monthly pension payment, but he is wondering what can be done to reduce the effect on his other sources of income.